Privacy Policy
of e/motion management gmbh
FN 139715p
Schmiedgasse 34/1
8010 Graz
(hereinafter "we" or the "Operator")
1. Preamble
1.1. The protection of natural persons in the processing of personal data is a fundamental right, which we take very seriously. All data processing is carried out in accordance with the EU General Data Protection Regulation (hereinafter "GDPR") and the applicable laws of the Republic of Austria.
1.2. In this document, we explain our procedures regarding the collection, use and disclosure of personal data of natural persons (hereinafter "Data Subject") that we collect and process in the course of providing our services and conducting our business.
1.3. This notice applies both to data that we collect from customers when they use our offering (hereinafter "Customer Data") and to data processed in connection with our website (hereinafter "Website Visitor Data").
1.4. The Data Subject can access the current version of the privacy policy at any time at https://www.emotiongroup.com/datenschutz. If this privacy policy changes, the Data Subject will be informed. In the case of translated versions of the privacy policy, the German version prevails in case of doubt.
1.5. We store personal data only on secure servers located in secure facilities in the European Union or the European Economic Area. The data we collect may be transferred to, and stored and processed by, employees working for us in order to provide the services.
2. Purposes, data categories and legal bases for the processing of Customer Data
2.1. We process personal user data from the data categories listed in Section 2.2 for the following general purposes:
a. To contact the contractual partner,
b. to fulfil pre-contractual and contractual obligations,
c. to provide the services offered,
d. to answer questions and comments,
e. for email marketing and market research purposes, provided the Data Subject has given separate, express consent to such processing,
f. to be able to inform the contractual partner of news at regular intervals.
2.2. For customers who use our offering, we may process Customer Data in the following data categories:
a. First and last name,
b. email address,
c. phone number,
d. date of birth,
e. country of origin,
f. address,
g. club membership
2.3. The legal basis for processing personal data in the categories listed in Section 2.2 is our overriding legitimate interest pursuant to Art. 6(1)(f) GDPR, which consists in achieving the purposes listed in Section 2.1. The processing of Customer Data is necessary in particular so that we can offer our products and services and so that we can contact customers.
2.4. If there is a contract between the customer and us and the processing of the customer's data is strictly necessary for the performance of the contract, the lawfulness of the data processing also arises from this necessity (Art. 6(1)(b) GDPR).
2.5. Furthermore, the processing of data may be necessary, and thus lawful, on the basis of compliance with legal obligations (Art. 6(1)(c) GDPR).
2a. Erste Bank Open giveaways
2a.1. If you take part in an Erste Bank Open giveaway, we process your data to run the giveaway. The terms and conditions are available at https://www.erstebank-open.com/de-at/event/teilnahmebedingungen-taegliches-gewinnspiel.
2a.2. We process the following categories of data:
a. Details from the registration form (first and last name, email address, phone number and any other mandatory details requested in the relevant form),
b. the time of registration and the giveaway entered,
c. for winners: data needed to hand over or ship the prize (for example delivery address, names of companions),
d. for minors: the consent of their legal guardians.
2a.3. We process this data for the following purposes and on the following legal bases:
a. To run the giveaway (handling participation, drawing and notifying winners, handing over prizes): Art. 6(1)(b) GDPR,
b. to prevent misuse (for example multiple entries) and to defend and enforce legal claims: Art. 6(1)(f) GDPR,
c. for the Erste Bank Open newsletter, only if you explicitly consent in the registration form: Art. 6(1)(a) GDPR. You can take part in the giveaway without giving this consent. You can withdraw your consent at any time with effect for the future, for example via the unsubscribe link in every newsletter.
2a.4. The data is processed by e/motion management gmbh. Service providers that support us with the registration form and email delivery act as processors on our instructions (see Section 4). We only pass winners' data on to cooperation partners where this is necessary to hand over or redeem the prize (for example for shipping, travel booking or ticket issuing).
2a.5. Participants' data is deleted no later than 3 months after the end of the giveaways. Winners' data that we must retain for legal reasons is stored until the statutory periods expire (see Section 5). If you consented to the newsletter, we store your email address until you withdraw your consent.
2a.6. Providing the mandatory fields in the registration form is required to take part. Without this information, we cannot consider your registration or notify you if you win.
2a.7. The rights described in Section 6 apply. You can withdraw your registration for a giveaway at any time by email to [email protected].
3. Purposes, data categories and legal bases for the processing of Website Visitor Data
3.1. We process personal Website Visitor Data from the data categories listed in Section 3.2 for the following general purposes:
a. To provide you with this website and to further improve and develop it,
b. to be able to detect, prevent and investigate attacks on our website,
c. to be able to respond to your enquiries and
e. to be able to produce usage statistics.
3.2. For Data Subjects who visit our website, we may process the following Website Visitor Data in the following data categories:
a. The visitor's IP address and, in connection with it, the date and time a page on our website was accessed, the brand name and version of your web browser and the selected language setting, your operating system, your internet service provider, and the website (URL) from which you were referred to our website,
b. the information you have entered voluntarily in our contact form (that is, name, email address and message) and
c. cookies.
3.3. The processing of Website Visitor Data in the categories listed in Section 3.2 is technically necessary to achieve the purposes listed in Section 3.1 (a) to (d) and so that we can offer our website. With regard to the purposes listed in Section 3.1 (a) to (c), the legal basis for the processing of personal data is our overriding legitimate interest pursuant to Art. 6(1)(f) GDPR, which consists in achieving the purposes listed in (a) to (d) and being able to offer our website.
3.4. If there is a contract between the user and us and the processing of the user's data is strictly necessary for the performance of the contract, the lawfulness of the data processing also arises from this necessity (Art. 6(1)(b) GDPR).
3.5. Furthermore, the processing of data may be necessary, and thus lawful, on the basis of compliance with legal obligations (Art. 6(1)(c) GDPR).
3.6. To improve the operation of our website, we use "cookies". Cookies are small text files that can be stored on your computer when you visit a website. Cookies are generally used to give users additional functions on a website. Cookies cannot access, read or change other data on your computer.
3.7. We use both cookies that are deleted when you close your browser (session cookies) and cookies that remain stored on your device after you close your browser (persistent cookies). The cookies we use can originate both from us (first-party cookies) and from third parties (third-party cookies). In this context, please note that this website uses Google Analytics (a web analytics service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google")) in order to fulfil the "usage statistics" purpose mentioned in Section 3.1 (e).
3.8. Some cookies are technically essential for our website to function. The use of these cookies is lawful under Art. 6(1)(f) GDPR, as we have a legitimate interest in being able to offer a functioning website.
3.9. We use all other cookies that are not strictly necessary for the website to function (such as those set by Google Analytics) only on the basis of the Data Subject's voluntary consent (Art. 6(1)(a) GDPR). Consent is requested when you first visit our website. If consent is not given, we will only use cookies that are technically strictly necessary.
3.10. If consent is refused, we are unable to produce usage statistics to improve our offering. If the use of cookies is refused in general, the functionality of our website may be restricted.
3.11. To withdraw consent or to restrict certain cookies, the following options are available in particular:
a. The link in the footer of our website opens our "Cookie Manager". In our Cookie Manager, the cookie settings of our website can be changed at any time.
b. Cookie settings can also be changed in the Data Subject's browser. Details can be found in the browser's help function (usually opened with the F1 key on your keyboard).
3.12. The withdrawal of your consent does not affect the lawfulness of processing carried out on the basis of your consent before the withdrawal.
4. Place of data processing and transfer of personal data
4.1. To achieve the stated purposes, it is necessary to pass data on to external service providers. In carrying out the stated data applications, data is in any case passed on to recipients in the following categories:
a. our IT service providers (see Section 4.5 for details),
b. banks, where this is necessary for cashless payment transactions,
c. processing partners for communication
4.2. In individual cases, it may also be necessary to pass data on to recipients in the following categories:
a. Cooperation partners
b. Auditors and tax advisors,
c. Lawyers and
d. public bodies (e.g. courts, police, administrative authorities).
4.3. Data may also be transferred if our company or parts of our company are taken over by a third party or merged with another company. Before personal data is transferred and becomes subject to a different privacy policy, we will inform the Data Subjects in good time.
4.4. Data processing activities may, at least in part, also be carried out outside the EU or the EEA. Such engagement of an external IT service provider takes place only subject to the legal instruments of Chapter V GDPR. The adequate level of data protection results in each case from one or more of the following:
a. an adequacy decision of the European Commission pursuant to Art. 45 GDPR;
b. an exception for the specific case pursuant to Art. 49(1) GDPR;
c. binding corporate rules pursuant to Art. 47 in conjunction with Art. 4(20) GDPR;
d. standard data protection clauses pursuant to Art. 46(2)(c) and (d) GDPR;
e. approved codes of conduct pursuant to Art. 46(2)(e) in conjunction with Art. 40 GDPR;
f. an approved certification mechanism pursuant to Art. 46(2)(f) in conjunction with Art. 42 GDPR;
g. contractual clauses authorised by the data protection authority pursuant to Art. 46(3)(a) GDPR.
4.5. We currently use the following external IT service providers:
– Google LLC, Google Data Protection Office, 1600 Amphitheatre Pkwy, Mountain View, California 94043. Google LLC is based in the USA. The transfer of data by us to Google LLC takes place on the basis of standard data protection clauses pursuant to Art. 46(2)(c) and (d) GDPR and on the basis of contractual clauses authorised by the competent data protection authority pursuant to Art. 46(3)(a) GDPR, which ensures an adequate level of data protection and makes the data flow to this company permissible.
– Goodform Ltd, 1 George Street, Wolverhampton, WV2 4DG, United Kingdom. Goodform Ltd is based in the United Kingdom. The transfer of data by us to Goodform Ltd takes place on the basis of an adequacy decision of the Commission pursuant to Art. 45 GDPR.
– WIZZIT OG, Linke Wienzeile 12/20, 1060 Vienna, Austria.
– Microsoft Clarity: Clarity is a web analytics tool of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft"). Microsoft Clarity helps us analyse user behaviour on our website in order to improve the user experience and functionality of our website.
Clarity uses cookies and similar technologies to collect information about your use of our website. In particular, the following data is processed:
- Information about your device (e.g. device type, operating system, browser type).
- Information about your interactions with our website (e.g. mouse movements, clicks, scrolling behaviour, pages visited).
The data is processed anonymously and serves statistical purposes only. Microsoft Clarity does not collect personal data that directly identifies you.
The data collected by Clarity may be transferred to and stored in the USA by Microsoft. Microsoft is certified under the EU-US Data Privacy Framework, which ensures an adequate level of data protection. The data is processed on the basis of your consent pursuant to Art. 6(1)(a) GDPR, provided you have consented to the use of cookies and similar technologies via our cookie banner. You can withdraw your consent at any time with effect for the future by adjusting the cookie settings on our website.
– Use of SalesViewer® technology: On this website, data is collected and stored for marketing, market research and optimisation purposes using SalesViewer® technology of SalesViewer® GmbH, on the basis of the website operator's legitimate interests (Art. 6(1)(f) GDPR).
For this purpose, JavaScript-based code is used to collect company-related data and the corresponding usage. The data collected with this technology is encrypted using a non-reversible one-way function (so-called hashing). The data is pseudonymised immediately and is not used to identify the visitor to this website personally.
The data stored within SalesViewer is deleted as soon as it is no longer required for its purpose and no statutory retention obligations prevent deletion.
You can object to the data collection and storage at any time with effect for the future by clicking this link https://www.salesviewer.com/opt-out to prevent collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you will need to click this link again.
5. Storage period
5.1. In principle, we process personal data only for as long as is necessary to achieve the purposes stated above.
5.2. Longer storage takes place only where the storage or processing of the data is still necessary:
a. to comply with a legal obligation (e.g. the tax retention obligation applicable in Austria under Section 132(1) BAO and the commercial retention obligation under Sections 190 and 212 UGB: 7 years) that requires the processing under Union or Member State law to which we are subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in us, or
b. to establish, exercise or defend legal claims, for at least 3 years.
6. Rights and obligations of the Data Subject
6.1. Where our processing of data is based solely on the Data Subject's consent, the Data Subject is entitled to withdraw consent at any time. In addition, under applicable data protection law the Data Subject has the right
a. to check whether and which personal data we have stored about you and to receive copies of this data
b. to request the rectification, completion or erasure of your personal data that is incorrect or not processed in compliance with the law,
c. to request that we restrict the processing of your data,
d. under certain circumstances, to object to the processing of your personal data or to withdraw the consent previously given for the processing,
e. to request data portability,
f. to know the identity of third parties to whom your personal data is transferred and
g. to lodge a complaint with the data protection authority responsible for us, that is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, or with a data protection supervisory authority in another EU Member State, in particular at the Data Subject's place of residence or work.
6.2. Please note that providing the data is mandatory for contractual reasons (and not by law) in order to enter into a contractual relationship with us and to use our services. If the disclosure of data is refused, it may in some circumstances be factually impossible for us to fulfil our obligations.
7. Confidentiality and security
7.1. The Operator takes measures to protect personal data with appropriate security measures in line with industry standards against loss or theft and against access, disclosure, copying, misuse or alteration by unauthorised persons. Personal data is password-protected and, unless otherwise specified in this privacy policy, can only be viewed by the Operator and its service providers. The Data Subject undertakes to keep the password(s) secret and not to disclose them to, or allow them to be disclosed to, any other person.
7.2. The Operator restricts access to personal data to those employees of its own company, affiliated companies and external service providers who, in the Operator's reasonable opinion, need to view this data in order to deliver products or services or to perform their tasks.
7.3. The Operator has physical, electronic and procedural security measures in place that comply with the provisions on the protection of personal data. However, no one hundred percent security can be guaranteed for data transmissions over the internet. For this reason, the Operator cannot assure or guarantee the security of data that the Data Subject transmits to the Operator. In particular, access to and use of the service is at your own risk. It is also the user's responsibility to restrict access to the end device and to ensure that it is free of malware of any kind, etc., which could track data entered into the service, such as email addresses and payment data.
7.4. The Operator expressly accepts no liability for losses and damage resulting from the Data Subject's failure to comply with this section.
8. Contacting the Operator
8.1. If you have questions or concerns about the processing of your personal data, please contact us:
e/motion management gmbh
FN 139715p
Schmiedgasse 34/1
8010 Graz
[email protected]
